(1.) Criminal Appeal no.1622 of 2022 takes an exception to the impugned judgment and order of the High Court of Delhi dtd. 22/7/2019, in a writ petition filed by the present appellants. In July 2017, the Central Bureau of Investigation (for short, 'the CBI') registered a First Information Report (for short, 'FIR') against the appellants for the offences punishable under Sec. 120-B read with Sec. 420 of the Indian Penal Code, 1860 (for short, 'the IPC') and Sec. 13(1)(d) of the Prevention of Corruption Act, 1988 (for short, 'the PC Act'). Based on the said FIR, an Enforcement Case Information Report (for short, 'the ECIR') was registered by the Directorate of Enforcement (for short, 'the ED'). A complaint under Sec. 44(1)(b) of the Prevention of Money Laundering Act, 2002 (for short, 'the PMLA') was filed before the Special Court on 24/8/2018. The appellants were shown as accused in the complaint. The allegation in the complaint is of the commission of the offence under Sec. 3 of the PMLA, which is punishable under Sec. 4 of the PMLA. The Special Judge took cognizance of the offence on 17/9/2018. The appellants were supplied copies of the complaint and some documents relied upon by the prosecution. An application was made by the appellants to the Special Court for the grant of copies of the following categories of documents: (a) documents relied upon in the complaint but not supplied; (b) documents supplied which were not legible; and (c) documents collected during the investigation which were suppressed.
(2.) The ED contested the said application. By the order dtd. 30/3/2019, the Special Court rejected the said application by holding that the prosecution is under an obligation to supply only those documents which are referred to and relied upon in the complaint/ chargesheet and it is under no obligation to supply the documents which were collected during the investigation which were not relied upon. The appellants filed a writ petition challenging the said order, which has been dismissed by the High Court by the impugned judgment.
(3.) Criminal Appeal no.730 of 2024 takes an exception to the judgment dtd. 18/11/2022 in a writ petition filed by the appellants. Even in this case, a complaint was filed under Sec. 44 of the PMLA and cognizance was taken by the Special Court on 31/8/2021. The appellants were shown as accused therein. In this case, a predicate offence was registered under Sec. 420 of the IPC. In August 2019, the ED conducted various searches in the office and residential premises of the appellants. The ED seized documents/records/ property. Applications were moved under Sec. 17 of the PMLA seeking a direction to provide a list of the documents seized by the ED and copies of the documents seized. The Adjudicating Authority under the PMLA allowed the applications. An appeal against the said order is pending before the Appellate Authority.